There’s News Concerning the Chinese Patent Law

von Dr. Meyer-Dulheuer & Partners LLP

Recently the SIPO (State Intellectual Property Office of the People’s Republic of China) published a draft with modifications to the present Chinese patent law. These changes affect not only businesses who are already investing in the Chinese market, but also companies or inventors who want to apply for a patent. We sum up the most important points.

Modifications Concerning the Application and Examination of IP

The definition of inventions that can obtain patent protection shall be expanded (procedures for the diagnosis and treatment of farm animals)

The protection for designs will be improved (among other things, there’s a recommendation to increase the protection period from 10 to 15 years)

The procedures of patent application and examination and of carrying out nullity proceedings will be enhanced

Responsibility and Administration

The responsibility of governmental and local patent authorities will be narrowed and defined more precisely. These optimizations include the application, granting and enforcement of patents, but also information services ...